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DJL REST. CORP. v. CITY OF NY

96 N.Y.2d 91 (2001)

749 N.E.2d 186

725 N.Y.S.2d 622

DJL RESTAURANT CORP., Doing Business as SHENANIGANS, et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Zane & Rudofsky, New York City (Edward S. Rudofsky and Arlene H. Schechter of counsel), for appellants.

Michael D. Hess, Corporation Counsel of New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for respondents.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

ROSENBLATT, J.

In 1995, the New York City Council approved an amendment to the City's Zoning Resolution to regulate the location of "adult establishments." Plaintiffs are adult establishments licensed to dispense alcoholic beverages.1 They contend that the Amended Zoning Resolution conflicts with and is therefore preempted by the Alcoholic Beverage Control...

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